Babu.PK (Mannur Babu) v. State of Kerala & Others; Sanku T Das v. State of Kerala & Others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN`** ## **`&`** ``` THE HONOURABLE MR. JUSTICE G. GIRISH ``` ``` MONDAY, THE 18[TH] DAY OF DECEMBER 2023/27TH AGRAHAYANA, 1945 WP(C) NO. 42057 OF 2023 ``` ## **`PETITIONER:`** ``` BABU.PK,(MANNUR BABU) AGED 64 YEARS S/O. KUTTAMPILLAI SABARMATHY VELUMTHARA, CHARIPARAMBU, P O, KADAKKAL., PIN - 691536 ``` ``` BY ADVS.V.S.CHANDRASEKHARAN M.V.DAS S.JAYAKUMAR LEKSHMI SWAMINATHAN N.K.RAMACHANDRAN C.A.SABITHA SHAHIM BIN AZIZ ``` ## **`RESPONDENTS:`** |**`1`**|**`STATE OF KERALA,`**| |---|---| ||**`REPRESENTED BY THE PRINCIPAL SECRETARY TO THE`**| ||**`GOVERNMENT REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT`**| ||**`SECRETARY, THIRUVANATHAPURAM,, PIN - 695001`**| |**`2`**|**`TRAVANCORE DEVASWOM BOARD,`**| ||**`REPRESENTED BY THE SECRETARY, NANTHANCODE, KAWDIAR PO`**| ||**`THIRUVANANTHAPURAM,, PIN - 695003`**| |**`3`**|**`THE PRESIDENT,`**| ||**`TRAVANCORE DEVASWOM BOARD NANTHANCODE, KAWDIAR P .O`**| ||**`THIRUVANANTHAPURAM, PIN - 695003`**| |**`4`**|**`THE ADMINISTRATIVE OFFICER`**| ||**`KADAKKAL PEEDIKA DEVI TEMPLE KADAKKAL P.O`**| ||**`CHADAYAMANGALAM KOLLAM DISTRICT,, PIN - 691536`**| |**`5`**|**`THE COMMISSIONER,`**| ||**`TRAVANCORE DEVASWOM BOARD NANTHANCODE, KAWDIAR P .O`**| 2 W.P.(C)Nos.42057 & 42373 of 2023 ``` THIRUVANANTHAPURAM, PIN - 695003 ``` ``` 6 THE ASISTANT COMMISIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR P .O THIRUVANANTHAPURAM, PIN - 695003 ``` ``` 7 DISTRICT COLLECTOR, KOLLAM, CIVIL STATION, KAANKATHU MUKKU KOLLAM-691 013 IS IMPLEADED VIDE ORDER DATED 18.12.2023 IN I.A.No.1 of 2023 ``` ``` SRI ASHOK M.CHERIAN - ADDL ADVOCATE GENERAL ; SRI G.SANTHOSH KUMAR - STANDING COUNSEL- TRAVANCORE DEVASWOM BOARD ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2023, ALONG WITH WP(C).42373/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 W.P.(C)Nos.42057 & 42373 of 2023 ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR. JUSTICE G. GIRISH ``` ``` MONDAY, THE 18[TH] DAY OF DECEMBER 2023/27TH AGRAHAYANA, 1945 ``` ``` WP(C) NO. 42373 OF 2023 ``` ## **`PETITIONER:`** ``` SANKU T DAS AGED 33 YEARS, S/O LATE THULASIDAS ELLATH, AGED 33, RESIDING AT GEETHAM, EASWARAMANGALAM P.O, KOTTATHARA, PONNANI, MALAPPURAM DISTRICT, PIN-, PIN - 679573 ``` ``` BY ADVS.C.DINESH SINU.G.NATH ANU PRABHAKAR PRASOON.K.P ``` ## **`RESPONDENTS:`** |**`1`**|**`STATE OF KERALA`**| |---|---| ||**`REPRESENTED BY CHEIF SECRETARY TO GOVERNMENT,`**| ||**`GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM , PIN-`**| ||**`695001`**| |**`2`**|**`THE TRAVANCORE DEVASWOM BOARD`**| ||**`REPRESENTED BY ITS SECRETARY, DEVASWOM BOARD`**| ||**`HEADQUARTERS, NANATHANCODE, KAWDIAR P. O.,`**| ||**`THIRUVANANTHAPURAM , PIN, PIN - 695003`**| |**`3`**|**`ASSISTANT DEVASWOM COMMISSIONER`**| ||**`TRAVANCORE DEVASWOM BOARD, PUNALUR GROUP, KOLLAM , PIN`**| ||**`- 691305`**| |**`4`**|**`THE SUB GROUP OFFICER`**| ||**`TRAVANCORE DEVASWOM BOARD, KADAKKAL GROUP, CHAKKUVALLY,`**| ||**`KOLLAM , PIN - 691536`**| |**`5`**|**`THE DISTRICT COLLECTOR COLLECTORATE,`**| ||**`CIVIL STATION, KOLLAM , PIN -691013`**| 4 W.P.(C)Nos.42057 & 42373 of 2023 |**`6`**|**`THE STATION HOUSE OFFICER,`**| |---|---| ||**`KADAKKAL POLICE STATION, KOLLAM , PIN - 691536`**| |**`7`**|**`THE SUPERINTENDENT OF POLICE,`**| ||**`KOLLAM, KOLLAM DISTRICT, PIN - 691001`**| |**`8`**|**`THE SECRETARY,`**| ||**`REVENUE (DEVASWOM DEPARTMENT), GOVERNMENT OF KERALA,`**| ||**`SECRETARIAT, THIRUVANANTHAPURAM , PIN-695001, PIN –`**| ||**`695001`**| ``` SRI ASHOK M.CHERIAN - ADDL ADVOCATE GENERAL ; SRI G.SANTHOSH KUMAR - STANDING COUNSEL- TRAVANCORE DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2023, ALONG WITH WP(C).42057/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 5 W.P.(C)Nos.42057 & 42373 of 2023 ## **JUDGMENT** ## Anil K. Narendran, J. The issue raised in these writ petitions relates to the conduct of ‘Nava Kerala Sadas’ in the Devaswom land of Kadakkal Peedika Devi Temple, which is a temple under the management of the 2[nd] respondent Travancore Devaswom Board. 2. W.P.(C)No.42057 of 2023 is filed by a devotee of Kadakkal Peedika Devi Temple, who is also a nearby resident of the said temple, seeking a writ of mandamus commanding the 2[nd] respondent Travancore Devaswom Board and the 3[rd] respondent President of the Board to consider Ext.P2 representation dated 11.12.2023 made by the petitioner; and a writ of mandamus commanding the respondent not to allow the temple premises of Kadakkal Peedika Devi Temple for conducting ‘Nava Kerala Sadas’. 3. W.P.(C)No.42373 of 2023 is filed by a devotee of Kadakkal Peedika Devi Temple seeking a writ of certiorari to quash the decision taken by the 2[nd] respondent Travancore Devaswom Board allowing the conduct of ‘Nava Kerala Sadas’ in the temple ground of Kadakkal Peedika Devi Temple on 20.12.2023; a writ of mandamus commanding the 1[st] 6 W.P.(C)Nos.42057 & 42373 of 2023 respondent State to abstain from holding ‘Nava Kerala Sadas’ in the sacred ground of the famous Kadakkal Peedika Devi Temple; and a declaration that the decision of respondents 1 and 2 to conduct ‘Nava Kerala Sadas’ in the sacred ground of the famous Kadakkal Peedika Devi Temple is per se illegal and violative of Article 25 of the Constitution of India. 4. On 15.12.2023, when these writ petitions came up for admission, the learned Additional Advocate General and also the learned Standing Counsel for Travancore Devaswom Board submitted that counter affidavits of the District Collector and that on behalf of the Board shall be placed on record by 18.12.2023. 5. By the judgment dated 15.12.2023, W.P.(C)Nos.41819 & 42081 of 2023 filed against the conduct of ‘Nava Kerala Sadas’ in the Devaswom land of Chakkuvally Sree Parabrahma Temple were disposed of setting aside the order dated 11.12.2023 of the Travancore Devaswom Board granting such permission and the District, Collector, who is the Nodal of Officer for ‘Nava Kerala Sadas’, was directed to take immediate steps to remove the temporary constructions made in the Devaswom land of Chakkuvally Sree Parabrahma Temple, forthwith. Paragraphs 39, 40 and also the operative portion of the said judgment read thus; 7 W.P.(C)Nos.42057 & 42373 of 2023 “39. In **Major Vellayani Devi Temple Advisory Committee [2023 (2) KHC 290]** , this Court held that politics has no role to play in the conduct of daily worship and ceremonies and festivals in temples. In **Hindu Seva Kendram v. State of Kerala and others [2023 (3) KHC 258]** , this Court held that cultural or social activities unconnected with temple worship have no role to play in temple festivals. In **K.B.Sumodh v. Commissioner, Cochin Devaswom Board [2023:KER:25530],** this Court held that Vadakkumnatha Kshethra Maidan (Thekkinkadu Maidan) is a Devaswom land, which is managed by the Cochin Devaswom Board as a trustee in management of Devaswom property, in terms of the provisions under the Travancore-Cochin Hindu Religious Institutions Act. There cannot be any activity in Thekkinkadu Maidan, except in accordance with the objects of the Trust. In **G.Vysan and another v. State of Kerala and others [2023:KER.52256]** , this Court held that the temple premises cannot be used for conducting mass drill or weaponry training by the devotees or group of persons. 40. In view of the statutory provisions in the TravancoreCochin Hindu Religious Institutions Act, the Kerala Hindu Placed of Public Worship (Authorisation of Entry) Act and the Rules made thereunder and also the law laid down in the decisions referred to supra, the temple premises of a temple under the management of the Travancore Devaswom Board cannot be permitted to be used for ‘ ’ conducting a programme like Nava Kerala Sadas . While granting permission vide Ext.R2(a) order dated 11.12.2023 for conducting ‘Nava Kerala Sadas’ on 8 W.P.(C)Nos.42057 & 42373 of 2023 18.12.2023 in the Devaswom land of Chakkuvally Sree Parabhrama Temple, the Travancore Devaswom Board failed miserably to perform its statutory duties under Sections 15A and 31 of the Act with utmost care and caution. By granting such permission, the Board openly flouted the prohibition contained in Rules 6 and 8 of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules. In the result, these writ petitions are disposed of by setting aside Ext.R2(a) order dated 11.12.2023 of the Travancore Devaswom Board granting permission for conducting ‘Nava Kerala Sadas’ in the Devaswom land of Chakkuvally Sree Parabrahma Temple on 18.12.2023. The District Collector, Kollam, who is the Nodal Officer for ‘Nava Kerala Sadas’ shall take immediate steps to remove the temporary constructions made in the Devaswom land of Chakkuvally Sree Parabrahma Temple, forthwith.” 6. Today, when these writ petitions are taken up for consideration, we heard the arguments of the learned counsel for the petitioners in the respective writ petitions, the learned Additional Advocate General for the State and the official respondents and the learned Standing Counsel for Travancore Devaswom Board for the Board and its officials. 7. The learned Standing Counsel for Travancore Devaswom Board has made available for the perusal of this Court an order dated 08.12.2023 of the Devaswom Commissioner, whereby permission to conduct ‘Nava Kerala 9 W.P.(C)Nos.42057 & 42373 of 2023 Sadas’ in the temple ground of Kadakkal Peedika Devi Temple has been granted, subject to the conditions stipulated therein. 8. During the course of arguments, the learned Additional Advocate General would submit that a decision has already been taken to shift the venue of ‘Nava Kerala Sadas’ on 20.12.2023, from the temple ground of Kadakkal Peedika Devi Temple. In such circumstances, these writ petitions are disposed of taking note of the law laid down by this Court in **Jayakumar J. and another v. State of Kerala and others [2023:KER:80455]** and also the submissions made by the learned Additional Advocate General that the venue of ‘Nava Kerala Sadas’ scheduled to be held on 20.12.2023 has already been shifted from Kadakkal Peedika Devi Temple ground. The District Collector, Kollam, who is the Nodal Officer for ‘Nava Kerala Sadas’ shall take immediate steps to remove the temporary structures, if any, in the Devaswom land of Kadakkal Peedika Devi Temple, forthwith. ## **Sd/-** ## **ANIL K. NARENDRAN, JUDGE** **Sd/-** ## **G. GIRISH, JUDGE** AV/18/12 10 W.P.(C)Nos.42057 & 42373 of 2023 ## **`APPENDIX OF WP(C) 42373/2023`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1 ``` ``` TRUE COPY OF THE PHOTOGRAPH SHOWING ONE OF FLEX BOARD ERECTED INTIMATING THE COMMENCEMENT OF NAVA KERALA SADAS ``` ``` Exhibit P2 ``` ``` THE TRUE COPY OF THE RELEVANT PAGE OF THE MATHRUBHOOMI DAILY DATED 14/12/23CONTAINING THE POLITICAL STATEMENT MADE BY THE CHIEF MINISTER AT "NAVA KERALA SADAS" ``` ``` Exhibit P3 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE PRESIDENT OF TRAVANCORE DAVASWOM BOARD DATED 13.12.2023 ``` ``` Exhibit P4 THE TRUE COPY OF THE RELEVANT PAGE OF THE SCHEDULE OF NAVA KERALA SADAS PUBLISHED ONLINE BY THE GOVERNMENT ``` 11 W.P.(C)Nos.42057 & 42373 of 2023 ## **`APPENDIX OF WP(C) 42057/2023`** ``` PETITIONER EXHIBITS ``` ``` Exhibit - P1 TRUE COPY OF THE PROGRAMME NOTICE IN CONNECTION WITH THE NAVAKERALASADAS SHEDULED TO BE CONDUCTED ON 20TH DECEMBER 2023 AT KADAKKAL DEVI TEMPLE PREMISES Exhibit - P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 11.12.2023 Exhibit - P3 TRUE COPY OF THE JUDGEMENT IN WPC NO 28906/2023 DATED 05.09.2023 ```